What is the effect of a franchisee signing a questionnaire regarding reliance on statements made by Aerus?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship will not waive claims under state franchise law, including fraud in the inducement. It also will not disclaim reliance on statements made by Aerus, franchise sellers, or anyone acting on behalf of Aerus. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement.
In simpler terms, even if a franchisee signs a document suggesting they did not rely on statements made by Aerus, they are still legally able to claim they relied on those statements if they pursue a fraud claim. This protects the franchisee's right to pursue legal action if they believe they were misled during the franchise sales process.
This type of clause is included to protect franchisees and ensure they are not unknowingly giving up their legal rights. It prevents Aerus from using standard paperwork to shield itself from liability for misrepresentations made during the sales process. Prospective franchisees should still carefully review all documents and seek legal advice, but this provision offers an additional layer of protection.